NR 700.03(64r)
(64r) “Unconsolidated material" means soil, sediment or other granular material, such as fill, not including debris.
NR 700.03 Note
Note: Section
NR 700.03 (58) defines “soil" as “unsaturated organic material, derived from vegetation and unsaturated, loose, incoherent rock material, of any origin, that rests on bedrock other than foundry sand, debris and any industrial waste." Section
NR 700.03 (54) defines “sediment" as “particles in surface waters or wetlands that are derived from the erosion of rock, minerals, soils and biological materials, as well as chemical precipitation from the water column. Sediment particles are transported by, suspended in or deposited by water." Section
NR 700.03 (10) defines “debris" as “material resulting from the construction, demolition or razing of buildings, roads and other structures and materials that have been discarded at a site or facility."
NR 700.03(65)
(65) “U.S. EPA" or “EPA" means the United States environmental protection agency.
NR 700.03(66)
(66) “Underground storage tank" or “UST" means any one or a combination of tanks, including connected pipes, that is used to contain an accumulation of hazardous substances, and the volume of which, including the volume of connected underground pipes, is 10 percent or more beneath the surface of the ground. The term does not include any of the following or pipes connected to any of the following:
NR 700.03(66)(b)
(b) Pipeline facilities, including gathering lines, regulated under:
NR 700.03(66)(b)1.
1. The Natural Gas Pipeline Safety Act of 1968 (49 USC App. 1671, et seq.).
NR 700.03(66)(b)2.
2. The Hazardous Liquid Pipeline Safety Act of 1979 (49 USC App. 2001, et seq.).
NR 700.03(66)(b)3.
3. State laws comparable to the provisions of the law referred to in subd.
1. or
2. for intrastate pipeline facilities.
NR 700.03(66)(f)
(f) Liquid traps or associated gathering lines directly related to oil or gas production and gathering operations.
NR 700.03(66)(g)
(g) Storage tanks situated in an underground area, such as, but not limited to, a basement, cellar, mineworking, drift, shaft or tunnel, if the storage tank is situated upon or above the surface of the floor.
NR 700.03 Note
Note: This definition of “underground storage tank" is based on the definition found in s.
ATCP 93.050 (122).
NR 700.03(66m)
(66m) “Utility corridor" means any utility line that runs underground and any backfilled trench that was constructed to install a water main or lateral, a sewer main or lateral or other utility line.
NR 700.03(66p)
(66p) “Vapor action level" means the concentration of vapors from volatile compounds is at or above the 1-in-100,000 (1x10
-5) excess lifetime cancer risk or is at or above a hazard index of 1 for non-carcinogens.
NR 700.03(66s)
(66s) “Vapor mitigation system" means a system that prevents or reduces the migration of contaminant vapors into a building and does not have the primary purpose of remediating vapor contaminant sources.
NR 700.03(66w)
(66w) “Vapor risk screening level" means the concentration of vapors in samples collected outside a building to estimate indoor vapor concentrations. The vapor risk screening level is equal to the vapor action level multiplied [divided] by an appropriate attenuation factor.
NR 700.03 Note
Note: The correct word is shown in brackets. The scientific process for determining a vapor risk screening level is to divide, not multiply, the vapor action level by an appropriate attenuation factor. This error will be corrected in future rulemaking.
NR 700.03 Note
Note: Vapor risk screening levels are applied to sub-slab, soil gas, and groundwater samples.
NR 700.03(66y)
(66y) “Vapors" mean chemicals that are sufficiently volatile and toxic to pose an inhalation risk to human health via vapor intrusion from a soil or groundwater source.
NR 700.03 Note
Note: Section
281.01 (18), Stats., defines “waters of the state" to include “those portions of Lake Michigan and Lake Superior within the boundaries of Wisconsin, and all lakes, bays, rivers, streams, springs, ponds, wells, impounding reservoirs, marshes, watercourses, drainage systems and other surface water or groundwater, natural or artificial, public or private, within the state or its jurisdiction."
NR 700.03 Note
Note: Section
23.32, Stats., defines “wetland" to mean “those areas where water is at, near or above the land surface long enough to be capable of supporting aquatic or hydrophytic vegetation, and which have soils indicative of wet conditions."
NR 700.03(69)
(69) “Work plan" means a plan which outlines the intended scope of a response action, or any phase of a response action, including but not limited to intended methods, procedures and techniques to be used during the response action.
NR 700.03 History
History: Cr.
Register, April, 1994, No. 460, eff. 5-1-94; cr. (42m),
Register, March, 1995, No. 471, eff. 4-1-95; am. (49),
Register, April, 1995, No. 472, eff. 5-1-95; am. (intro.),
Register, October, 1995, No. 478, eff. 11-1-95; am (intro.), (60),
Register, February, 1996, No. 482, eff. 3-1-96; cr. (38m) and (45m),
Register, October, 1996, No. 490, eff. 11-1-96; emerg. cr. (66m), eff. 5-18-00; cr. (66m),
Register, January, 2001, No. 541, eff. 2-1-01;
CR 01-129: cr. (28m),
Register July 2002 No. 559, eff. 8-1-02;
CR 12-023: am. (intro.), renum. (1) to (1m), cr. (1e), (1s), am. (2) (a), cr. (3m), (4m), am. (6), cr. (6m), (11m), am. (17), (27), cr. (30g), (30r), (33m), (34m), am. (36), cr. (39m), am. (43), cr. (43g), (43r), (45e), am. (45m), cr. (46m), am. (48), cr. (49g), (49r), renum. (51) to (intro.) and am., cr. (51) (a) to (c), (52m), (55m), (59m), am. (60), cr. (60m), (62m), (64g), (64r), (66p), (66s), (66w), (66y)
Register October 2013 No. 694, eff. 11-1-13;
CR 13-057: am. (21)
Register July 2015 No. 715, eff. 8-1-15; correction in (17) made under s.
13.92 (4) (b) 7., Stats.,
Register February 2017 No. 734.
NR 700.05
NR 700.05 Confidentiality of information. NR 700.05(1)(1)
Except as provided under sub.
(2), any record, report or other information furnished to, or obtained by, the department in the administration of chs.
NR 700 to
754 is a public record subject to the provisions of ss.
19.21,
19.31 to
19.39, Stats., and s.
NR 2.195.
NR 700.05(2)
(2) If confidential status is sought for any record, report or other information furnished to or obtained by the department under chs.
NR 700 to
754, the standards and procedures in s.
NR 2.19 are applicable to all sites and facilities, and the standards and procedures in s.
289.09 (2), Stats., are applicable to the owners and operators of solid waste facilities.
NR 700.05 Note
Note: Under s.
NR 2.19, the department may grant confidential status if: (1) the standards for granting confidential status found in s.
289.09 or
291.15, Stats., are met; (2) confidential treatment is in the public interest using the balancing test in
State ex rel. Youmanns v. Owens,
28 Wis. 2d 672 (1965); or (3) a specific statutory or common law right to confidential treatment is applicable.
NR 700.05(3)
(3) Records, reports and other information for which the department has granted confidential status may be:
NR 700.05(3)(a)
(a) Used by the department in compiling or publishing analyses or summaries relating to the general condition of the environment if the analyses or summaries do not identify a specific person or responsible party and the analyses or summaries do not reveal records or other information granted confidential status;
NR 700.05(3)(b)
(b) Released by the department to the U.S. EPA or its authorized representative, if the U.S. EPA or its authorized representative agrees to protect the confidentiality of the records, reports or other information;
NR 700.05(3)(c)
(c) Released for general distribution if the person who provided the information to the department expressly agrees to the release; and
NR 700.05(3)(d)
(d) Released on a limited basis if the department is directed to take this action by a judge or administrative law judge under an order which protects the confidentiality of the record, report or other information.
NR 700.05 Note
Note: Sections
292.11 (8),
292.31 (1) (d) and
(3) (e), and
292.41 (5), Stats., provide the department with authority to gain access to property for the purpose of conducting response actions, and access to records relating to abandoned containers, discharged hazardous substances and solid waste disposed of at a site or facility.
NR 700.05 History
History: Cr.
Register, April, 1994, No. 460, eff. 5-1-94; am. (1), (2),
Register, February, 1996, No. 482, eff. 3-1-96;
CR 12-023: am. (1), (2)
Register October 2013 No. 694, eff. 11-1-13.
NR 700.07
NR 700.07 Incorporation by reference. The material listed in this section is incorporated by reference at the paragraph noted: “SW-846, Test Methods for Evaluating Solid Waste", by the U.S. Environmental Protection Agency, Office of Solid Waste, loose-leaf manual, “The Third Edition of SW 846, as amended by Final Updates I, II, IIA, IIB, III, IIIA, IIIB and IV", referenced in s.
NR 716.13 (12).
NR 700.07 Note
Note: These materials are available for inspection in the offices of the department of natural resources, 101 S. Webster Street, Madison, Wisconsin, or may be accessed at the following web site:
https://www.epa.gov/hw-sw846 or may be purchased for personal use from:
National Technical Information Service
U.S. Department of Commerce
Springfield, VA 22161
NR 700.08
NR 700.08 Superfund site assessment. A site or facility may be evaluated by the department to determine eligibility for the federal superfund program, under CERCLA and the NCP. The department also may conduct federal site assessment activities, in cooperation with the U.S. EPA. Assessment activities may include, but are not limited to:
NR 700.08(2)
(2) Reviewing files by department staff in the form of preliminary assessments;
NR 700.08(3)
(3) Collecting data both on–and–off–
site by conducting field sampling;
NR 700.08(4)
(4) Preparing or reviewing federally prepared hazard ranking system scores, using the federal hazard ranking system; and
NR 700.08(5)
(5) Nominating sites or facilities to the national priorities list.
NR 700.08 History
History: CR 12-023: cr.
Register October 2013 No. 694, eff. 11-1-13.
NR 700.10
NR 700.10 Identification of responsible parties. The department may attempt to identify potentially responsible parties during any phase of response action by any of the following methods:
NR 700.10(1)
(1) Interviewing local officials, neighboring residents, persons involved with the operations of the site or facility, and past and present site or facility owners or operators.
NR 700.10(2)
(2) Reviewing operational records of the site or facility.
NR 700.10(4)
(4) Determining current and past ownership of the site or facility.
NR 700.10 History
History: CR 12-023: cr.
Register October 2013 No. 694, eff. 11-1-13.
NR 700.11(1)(1)
General. Unless otherwise directed by the department, responsible parties shall comply with the following:
NR 700.11(1)(a)
(a) Responsible parties shall submit site progress reports that summarize the completed work and additional work planned to adequately complete the response action at the site or facility to the department at 6 month intervals until case closure is granted by the department. The first site progress report shall be submitted to the department no later than 6 months after the responsible party notifies the department of the discharge in accordance with s.
NR 706.05. Progress reports shall be provided on a reporting form supplied by the department. The department may require progress reports be submitted at a different frequency than semi-annually.
NR 700.11 Note
Note: For guidance on progress reporting, see RR-082, Guidance: NR 700 Semi-Annual Site Progress Report, Wis. Admin Code §
NR 700.11 (1) (a). The guidance may be found by visiting dnr.wisconsin.gov and searching “RR-082” in the search bar.
NR 700.11(1)(bm)
(bm) Unless otherwise directed by the department, responsible parties shall submit a site investigation work plan meeting the requirements of s.
NR 716.09 to the department within 60 days of receiving notification that a site investigation is required.
NR 700.11(1)(cm)
(cm) Responsible parties shall submit a site investigation report meeting the requirements of s.
NR 716.15 to the department within 60 days after completion of the field investigation and receipt of the laboratory data.
NR 700.11(1)(dm)
(dm) Responsible parties shall submit a remedial action options report meeting the requirements of s.
NR 722.13 to the department within 60 days after submittal of the site investigation report.
NR 700.11(1)(em)
(em) The department shall provide written acknowledgement of receipt of the reports listed in par.
(bm) to
(dm) within 30 days.
NR 700.11(3)
(3)
More extensive review. The department may perform more extensive review where an application is submitted to the department by a person seeking a liability exemption under s.
292.15, Stats., or where a person is participating in the dry cleaner environmental response program under s.
292.65, Stats.
NR 700.11 Note
Note: Section
292.15, Stats., applies to persons who conduct remediation of contaminated property to obtain an exemption from liability.
NR 700.11(3g)
(3g)
Number of submittals. One paper copy and one electronic copy of each plan or report shall be submitted to the department, unless otherwise directed by the department. The electronic copy shall be submitted on optical disk media and may not be submitted as electronic mail attachments unless specifically approved in advance by the department. Electronic copy files shall have a minimum resolution of 300 dots per inch, and may not be locked or password protected. The department may request that the electronic copy of sampling results be submitted in a format that can be managed in software. An electronic copy of certain types of voluminous attachments or appendices may be substituted for the paper copy, if specifically approved in advance by the department. All documents shall be digital format versions rather than scanned versions except documents that are only available as scanned versions. Deeds and legal descriptions may be scanned versions. All information submitted shall be legible.
NR 700.11 Note
Note: Guidance for GIS Registry submittals outlines how electronic copies should be submitted in the Adobe Portable Document Format (PDF) on optical disk media. This guidance can be accessed at
https://widnr.widen.net/s/gh9kj7tgfh/rr690.
NR 700.11 Note
Note: The department strongly recommends the use of 2-sided copies for the paper copy of the report, and the use of accordion folders for larger reports instead of 3-ring binders, to help address file space issues.
NR 700.11 Note
Note: An example of a voluminous attachment is a laboratory quality assurance and control report.
NR 700.11 Note
Note: Examples of formats that can be managed in software are spreadsheets, plain text tabular files, hypertext markup language files (HTML) and extensible markup language files (XML).
NR 700.11 Note
Note: The department intends to implement an electronic document management system in the future that may require the submittal of all plans or reports in electronic format that can be managed in software.
NR 700.11(3r)
(3r)
Technical assistance. When requesting technical assistance or liability clarification from the department, the request shall be submitted on a form supplied by the department.
NR 700.11 Note
Note: The Technical Assistance and Environmental Liability Clarification Request form may be accessed at
http://dnr.wi.gov/topic/Brownfields/Pubs.html. Other forms are used for the following requests: off-site liability exemption or liability clarification requests, lender liability exemption requests, exemption to develop on a historic fill site, closure requests, or operation and maintenance requests. These forms may be accessed at
http://dnr.wi.gov/topic/Brownfields/Pubs.html.
NR 700.11 History
History: Cr.
Register, April, 1995, No. 472, eff. 5-1-95; am. (3) (b),
Register, February, 1996, No. 482, eff. 3-1-96; emerg. am. (1) (b) and (2) (b), cr. (2) (e), eff. 5-18-00; am. (1) (b) and (2) (b), cr. (2) (e) and (f),
Register, January, 2001, No. 541, eff. 2-1-01; correction in (2) (e) was made under s. 13.93 (2m) (b) 7., Stats.,
Register July 2002 No. 559;
CR 12-023: r. and recr. (1) (title), (intro.), am. (1) (a), r. (1) (b) to (f), cr. (1) (bm) to (em), r. (2), am. (3) (title), renum. (3) (intro.) to (3), r. (3) (a) to (d), cr. (3g), (3r), r. (4)
Register October 2013 No. 694, eff. 11-1-13.
NR 700.13
NR 700.13 Sample preservation and analysis. NR 700.13(1)(1)
General requirements. All sampling, preservation, extraction, and analytical methods used for compliance with chs.
NR 700 to
754 shall be according to the requirements in s.
NR 716.13.
NR 700.13(1m)
(1m)
Use of gasoline range organics/diesel range organics analysis. Soil or groundwater analyses for gasoline range organics or diesel range organics conducted for screening purposes shall be completed in accordance with the “Modified GRO, Method for Determining Gasoline Range Organics" and the “Modified DRO, Method for Determining Diesel Range Organics." For purposes of this section, the term “screening purposes" means sampling conducted during site investigations, environmental assessments or other activities in compliance with chs.
NR 700 to
NR 754 for purposes of determining whether a discharge has occurred or to estimate the degree and extent of contamination.
NR 700.13 Note
Note: The “Modified GRO, Method for Determining Gasoline Range Organics: (WI-PUBL-SW-140) and “Modified Diesel Range Organics" (WI-PUBL-SW-141) are available online at the Wisconsin department of natural resources laboratory accreditation program website.
NR 700.13 Note
Note: The “Modified GRO, Method for Determining Gasoline Range Organics" (WI-PUBL-SW-141) and “Modified DRO, Method for Determining Diesel Range Organics" (WI-PUBL-SW-140) are available from the Department of Natural Resources, Emergency and Remedial Response Section, 101 S. Webster St., Madison, WI 53707.
NR 700.13 History
History: Cr.
Register, February, 1996, No. 482, eff. 3-1-96; correction in (1) made under s.
13.92 (4) (b) 7., Stats.,
Register February 2012 No. 674;
CR 12-023: am. (1), cr. (1m), r. (2), (3)
Register October 2013 No. 694, eff. 11-1-13; correction in (1m) made under s.
13.92 (4) (b) 7., Stats.,
Register November 2013 No. 695.
